A BOOKMAKER'S APPEAL.

Colonist, Volume LIII, Issue 13052, 11 March 1911, Page 6

A BOOKMAKER'S APPEAL.

[United Press Association.]

Napier, March 1<?. At the Supremo Court to-day the Chief Justice.g.ive his decision m the appeal case of Fitzpatrick v. tDe police. In the lower Court the appellant, a bookmaker, was convicted of betting with an infant, and lined —Mi, and now ho appealed'on the yovml that the youth appeared to be o-er 21 and that as soon as Fitzpu.-ick learned from the police that iic was under age ,he returned tho money and declared the bet off. The evul<\,f:o showed that the youth had 1-cen a frequenter of racecourses, and though only 20 he might havo been mist.iicon for 21 or over.

His Honour dismissed the appeal, holding that tho onus; tif proof of the youth being apparently over 21 w.is on the appellant, which' onus had not been discharged. llis Honour relh&ed mitigation of tho fine, adding, however, that appellant might appeal to the Crown authorities for remission of the finp, which certainly seemed i <g\,\. The conviction would bo upheld, \<iili costs against the appellant.